Definition of terms New York State Section 412 of the Social Services Law and Section 1012 of the Family Court Act (https://codes.findlaw.com/ny/social- services-law/sos-sect-412.html; https://codes. findlaw.com/ny/family-court-act/fct-sect-1012. html) define an abused child as a child younger than 18 years of age whose parents or other person legally responsible for care commits any of the following offenses: ● Inflicts or allows to be inflicted upon a child physical injury by other than accidental means that causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss of or impairment of the function of any bodily organ. ● Creates or allows to be created a substantial risk of physical injury to a child by other than accidental means that would be likely to cause death or serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ. ● Commits or allows to be committed a sex offense against a child as defined in the penal law; allows, permits, or encourages the child to engage in any act described in Sections 230.25, 230.30, and 230.32 of the penal law (promoting prostitution in the third, second, and first degrees); commits any act described in Section 255.25 of the penal law (incest); or allows a child to engage in any act described in Article 263 of the penal law (sexual performance by a child). Section 412 of Title 6 of the Social Services Law (https://codes.findlaw.com/ny/family-court-act/ fct-sect-1012.html) defines a neglected child as a child younger than 18 years of age whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of the parent or other person legally responsible for care to exercise a minimum degree of care.
The law mandates supplying the child with adequate food, clothing, shelter, and education in accordance with the provisions of Part 1 of Article 65 of the education law. The law prohibits denying medical, dental, optometric, or surgical care if the caregiver is financially able to do so or is offered financial or other reasonable means to do so. Further, the law prohibits failing to provide the child with proper supervision or guardianship by unreasonably inflicting or allowing to be inflicted harm or a substantial risk, including the infliction of excess corporal punishment; by misusing a drug or drugs; by misusing alcoholic beverages to the extent that the parent or other person legally responsible loses self-control of their actions; or by any other acts of a similarly serious nature requiring the aid of the court. The law also prohibits abandonment by a parent or other person legally responsible for the child. Self-Assessment Quiz Question #1 The Social Services Law mandates that a child be supplied with which of the following? ( Select all that apply .) a. Food. b. Clothing. c. Shelter. d. All of the above. Self-Assessment Quiz Question #2 According to the U.S. Department of Health and Human Services (2017), the demographic with the highest percentage of perpetrators is: a. White. b. African American. c. Hispanic. d. None of the above.
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